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AF | BCMR | CY2008 | BC-2008-01248
Original file (BC-2008-01248.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                    DOCKET NUMBER:  BC-2008-01248
                                     INDEX CODE:  112.00
    XXXXXXXXXXXXXXXXXX               COUNSEL:  NONE
                                     HEARING DESIRED:  NO

__________________________________________________________________

APPLICANT REQUESTS THAT:

His current enlistment contract of 27 Apr 07 be  declared  void  and  he  be
allowed to execute a reenlistment under his new  Air  Force  Specialty  Code
(AFSC) of 1A731 (Aerial Gunner).

__________________________________________________________________

APPLICANT CONTENDS THAT:

While attending the Basic Aerial Gunner (BAG) course  at  Kirtland  AFB,  he
was pulled from  class  and  told  to  reenlist  because  he  did  not  have
sufficient retainability and unless he reenlisted before graduation  day  he
would not be allowed to continue  the  course.   He  was  required  to  sign
reenlistment documents days before he was eligible for a  $60,000  Selective
Reenlistment Bonus (SRB).  His reenlistment was rushed  and  forced  through
the system with complete disregard to regulations and without  the  required
authorization.

In  support  of  his  request,  applicant  provides  copies   of   documents
associated with his retraining application, copies of  his  Certificates  of
Training and an excerpt of AFI 36-2606, Reenlistment in  the  United  States
Air Force.  The applicant's complete submission,  with  attachments,  is  at
Exhibit A.

__________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System indicates  the
applicant’s Total Active Federal Military Service Date as 5 Mar 02.   He  is
currently serving on active duty in the  grade  of  staff  sergeant,  having
assumed that grade effective and with a date of rank of 1 Jul 06.

On 27 Apr 07, the applicant, who  had  an  established  date  of  separation
(DOS) of 4 Nov 07, reenlisted in the Regular Air Force for  a  period  of  4
years, thereby establishing a new DOS of 26 Oct 11.

__________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPSOA recommends  denial.   DPSOA  states  the  schoolhouse  noted  the
applicant  did  not  have  sufficient  retainability  for  the  BAG  course.
Subsequently, he was directed to obtain the retainability or  be  eliminated
from the course.  To meet retainability requirements  and  to  complete  the
training, the applicant reenlisted on 27 Apr 07  in  his  previous  AFSC  of
4A151.  DPSOA reviewed the applicant's records and noted the  applicant  had
already utilized his extensions available and could  only  reenlist.   These
extensions executed on 25 Sep 03 for 10 months to qualify  for  an  overseas
assignment and one executed on 11 Oct 05 for 20 months  to  qualify  for  an
assignment exceeded the Air  Force  policy  of  23  months  for  first  term
airmen.  Therefore, when approved for retraining, the applicant had  already
utilized his extensions available and could  only  reenlist.   The  complete
AFPC/DPSOA evaluation is at Exhibit B.

__________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on  9  May
08 for review and response within 30 days.  As of  this  date,  this  office
has received no response.

__________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice warranting favorable  consideration  of  the
applicant's request.  Evidence has not been provided which would lead us  to
believe that the rules of the applicable instructions  were  inappropriately
applied in this case or that he was denied rights and benefits to  which  he
was entitled.  The  applicant  contends  his  reenlistment  was  rushed  and
forced through the  system  with  complete  disregard  to  regulations  days
before he was eligible for an SRB.  However, we did not  find  an  error  or
injustice in establishing the requirement that  he  obtain  the  appropriate
retainability.  Therefore, in the absence of evidence to  the  contrary,  we
find no compelling basis to recommend granting the  relief  sought  in  this
application.

__________________________________________________________________


THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that the application will only  be
reconsidered upon the submission of newly discovered relevant  evidence  not
considered with this application.
__________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2008-01248
in Executive Session on 17 Jun 08, under the provisions of AFI 36-2603:

           Mr. Jay H. Jordan, Panel Chair
           Mr. Grover L. Dunn, Member
            Ms. Barbara J. Barger, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2008-
01248 was considered:

     Exhibit A.  DD Form 149, dated 1 Apr 08, w/atchs.
     Exhibit B.  Letter, AFPC/DPSOA, dated 21 Apr 08.
     Exhibit C.  Letter, SAF/MRBR, dated 9 May 08.




                                   JAY H. JORDAN
                                   Panel Chair


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